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The Town and Country Planning (Environmental Impact Assessment) Regulations 2017

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Extension of the period for an authority’s decision on a planning application

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68.—(1) In determining for the purposes of section 78(1) of the Act (right to appeal against planning decisions and failure to take such decisions) the time which has elapsed without the relevant planning authority giving notice to the applicant of their decision in a case where—

(a)the authority has notified an applicant in accordance with regulation 11(1) that the submission of an environmental statement is required; and

(b)the Secretary of State has given a screening direction in relation to the development in question,

no account shall be taken of any period before the issuing of the direction.

(2) Subject to paragraph (3), where it falls to an authority to determine an EIA application, articles 27 (applications made under planning condition) and 34 (time periods for decision) of the Order shall have effect as if for each of the references in article 27(2) and 34(2)(a) and (b) to a period of 8 and 13 weeks respectively there were substituted a reference to a period of 16 weeks.

(3) Where it falls to an authority to determine an application for technical details consent(2) for EIA development, article 34 (time periods for decisions) of the Order shall have effect as if for each reference in article 34(2) to a period of 5 or 10 weeks respectively there were substituted a reference to a period of 16 weeks.

(1)

Section 78 has been amended by section 17 of the Planning and Compensation Act 1991; section 43 of the Planning and Compulsory Purchase Act 2004; sections 196 and 197 of, paragraphs 1 and 3 of Schedule 10 to, and paragraphs 1 and 2 of Schedule 11 to, the Planning Act 2008; sections 121 and 123 of, and paragraphs 1 and 11 of Schedule 12 to, the Localism Act 2011; section 1 of, and paragraphs 1 and 8 of Schedule 1 to, the Growth and Infrastructure Act 2013; article 3 of, and paragraphs 1 and 3 of Schedule 1 to, S.I. 2014/2773; section 30 of, and paragraphs 2 and 12 of Part 2 of Schedule 4 to, the Infrastructure Act 2015; and section 150 of, and paragraphs 1 and 21 of Schedule 12 to, the Housing and Planning Act 2016.

(2)

An application for technical details consent is a form of application for planning permission, see section 70(2ZZB) of the 1990 Act, which was inserted by section 150(3) of the Housing and Planning Act 2016 (c. 22).

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